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(영문) 전주지방법원 2018.10.30 2018가단9090
임차보증금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 30,200,000 and the interest rate of KRW 15% per annum from June 12, 2018 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On August 21, 1997, the Plaintiff leased deposit money of KRW 33 million, monthly rent of KRW 200,000,000, and the lease period of KRW 200,000,000 to KRW 102,000,000,000 for 1st,000,000,000 for 1st,000,000,000 for 1st,000,000,000,000,000,000,000,000,000,000

B. On August 6, 2010, the Plaintiff obtained a fixed date with respect to the instant store.

C. The instant store was transferred from C in order of E, F, G, and H, and the instant lease was succeeded as it is.

The Plaintiff’s stores G on July 1, 2010, and H on January 1, 2015, and the store of this case.

As in the lease agreement of this paragraph, each lease contract was concluded with deposit money of KRW 33 million, monthly rent of KRW 200,000, and two years with lease term of KRW 40,000.

On February 26, 2014, the Highjin Credit Cooperatives established the right to collateral security on the land of the non-party D and the non-party D and the non-party D were awarded a voluntary decision to commence real estate auction on July 22, 2016, including the instant store. The Defendant was the owner of the non-party D and the non-party D and the non-party D were awarded a successful bid on October 13, 2017, including the instant store.

E. On June 11, 2018, the Plaintiff delivered the instant store to the Defendant.

[Reasons for Recognition] Gap evidence Nos. 1, 6, Eul evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the fact that the obligation to return the deposit was established, the Plaintiff acquired the opposing power under the Commercial Building Lease Protection Act as the lessee of the instant store, and thereafter, the Defendant, who acquired the ownership of the instant store, succeeded to the lessor’s status.

The lease of this case was terminated.

Therefore, the defendant is liable to the plaintiff for a 14-month rent of 2,80,000 won (=14 months x 2,00,000 won) for the 14-month rent of the plaintiff in arrears at the 3333,000 won of the lease deposit of this case.

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